Challenges of Intellectual Property Law to Protect of Artworks in Contemporary Museums

Today, the conflict between the private owners of cultural heritage and governments has been revealed in various areas. One of these areas is the discrepancy between intellectual property holders and institutions that hold cultural heritage, especially museums, libraries and archives. On the one hand, the holders of the rights are those who rely on their exclusive rights to prevent the exploitation of third parties and on the other hand, governments and public institutions are limiting the realm of private property and intellectual property management in the form of cultural heritage. Unfortunately, there are no specific rules or regulations to resolve this conflict. Therefore, the present paper analyzes the domains of this conflict by analytical-descriptive method and then provides a solution to solve it and measure the priority of public and private interests. It concludes at the end that this conflict and duality are obviously in all of the various branches of the author's rights. And thus, initially resorting to negotiation and, if not possible, the preference of the public interest on individual interests can be considered as a way to escape this conflict.